End Probate Stress: Maryland Digital Asset Estate Plan

Why digital assets matter in Maryland estate planning

Banking apps, email, social media, cloud drives, subscription media, loyalty points, and cryptocurrency now hold real financial and sentimental value. Without clear instructions, families and personal representatives can face locked accounts, lost records, and delays in settling the estate. Maryland law recognizes fiduciary access to digital assets when properly authorized, so planning ahead can streamline probate and reduce disputes.

Maryland’s legal framework for digital assets

Maryland has enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), codified at Estates & Trusts § 15-1A-01 et seq.. The Act sets default rules for when a fiduciary, such as an agent under a power of attorney, a personal representative, a trustee, or a court-appointed guardian, may access a user’s digital assets and electronic communications. It also distinguishes between the content of electronic communications (for example, the body of an email or direct message) and the catalog or record of communications (for example, sender, recipient, and time stamps), and applies different disclosure rules. See E&T § 15-1A-15.

Three layers of control: how access is granted

• Online tools provided by the service. If you use a provider’s legacy or inactive-account manager to name who can access your account and what they can see, that direction generally controls for that account. See E&T § 15-1A-04.
• Your estate planning documents. If you do not use an online tool, or for assets without such a tool, your will, trust, or power of attorney can grant fiduciaries authority to access digital assets. See E&T § 15-1A-05.
• Service provider terms of service. If neither an online tool nor governing documents address access, the platform’s terms may control what a fiduciary can obtain, to the extent permitted by law.

Who can act on your behalf

• Agent under a power of attorney: Can be authorized to manage digital assets during your lifetime. See E&T § 15-1A-13.
• Personal representative: Manages the decedent’s estate and may request access needed to collect, inventory, and administer assets. See E&T § 15-1A-15.
• Trustee: Manages digital assets titled to or held by a trust. See E&T § 15-1A-14.
• Court-appointed guardian (of the property): May be authorized by the court to access certain records for an incapacitated person. See E&T § 15-1A-16.

What to include in a Maryland digital asset estate plan

• Inventory: List key accounts and assets (email, cloud storage, social media, domain names, crypto wallets and keys, online banking, brokerage, PayPal/Venmo, NFTs, game currencies, loyalty points).
• Access instructions: Use each platform’s legacy or inactive-account tool where available; specify what content can be disclosed and to whom.
• Powers in documents: Add explicit RUFADAA-compliant authority in your will, trust, and financial power of attorney for disclosure of content and catalogs of communications, and for management of digital assets. See E&T § 15-1A-05.
• Custody of credentials: Store passwords, 2FA backup codes, seed phrases, and recovery keys in a secure password manager or hardware wallet. Do not place private keys directly in a will that will be filed with the court.
• Business and creator accounts: Clarify ownership, licensing, and monetization rights for websites, storefronts, ad accounts, and channels.
• Data and photos: State whether fiduciaries may access, archive, or delete personal content.
• Licensing and refunds: Note non-transferable licenses (music, e-books) and how to handle store credits and subscriptions.

Reducing probate friction

Clear authorization helps service providers lawfully disclose records and release control to your fiduciaries. This can prevent account lockouts, missed bills or tax forms, and loss of valuable digital property. Using provider tools and precise document language may shorten back-and-forth with platforms and reduce the need for additional court orders. For example, the Act provides that an online tool direction can override contrary provisions in a will or trust for that account (E&T § 15-1A-04), and that disclosure standards differ for content versus catalog of communications (E&T § 15-1A-15).

Special considerations for cryptocurrency and NFTs

Treat private keys like cash equivalents: if lost, the asset may be unrecoverable. Use a written or engraved backup procedure and designate who may access hardware wallets, multisig arrangements, and custodial exchange accounts. Specify whether fiduciaries may move, stake, or sell assets, and how to handle tax reporting and valuation.

Practical steps you can take now

• Turn on and complete legacy/inactive-account tools for major platforms you use.
• Create a current inventory of digital assets and where they are held.
• Update your will, revocable trust, and financial power of attorney to include RUFADAA-compliant digital asset powers and disclosure consents.
• Centralize credentials in a reputable password manager; document recovery methods.
• Coordinate with your fiduciaries so they know where instructions are stored.
• Review your plan after significant life or technology changes.

FAQs

Do Maryland fiduciaries automatically get my email content?

No. Under RUFADAA, disclosure of the content of electronic communications usually requires express consent or use of an online tool. Catalog information may be easier to obtain.

Can my online tool choices override my will?

Yes, for that specific account, a provider’s online tool direction generally controls over contrary instructions in a will or trust.

Should I put passwords or private keys in my will?

No. Wills are filed with the court and may become public. Use a secure password manager or offline storage and reference the location in your documents.

What if a platform refuses to cooperate?

Your fiduciary may need to provide statutory consents and certifications, or seek a court order under Maryland law.

How our firm can help

We draft Maryland-compliant wills, trusts, and powers of attorney with tailored digital asset provisions; coordinate your use of provider tools; and build a secure access plan for your fiduciaries. We also advise personal representatives and trustees on lawfully requesting records and content under Maryland’s RUFADAA framework.

Talk with our Maryland estate planning team to get started.

Sources

• Md. Code, Est. & Trusts § 15-1A-01 et seq. (RUFADAA definitions and scope)
• Md. Code, Est. & Trusts § 15-1A-04 (Online tool — user direction)
• Md. Code, Est. & Trusts § 15-1A-05 (Authority via will, trust, POA, or other record)
• Md. Code, Est. & Trusts § 15-1A-13 (Disclosure to agent under power of attorney)
• Md. Code, Est. & Trusts § 15-1A-14 (Disclosure to trustee)
• Md. Code, Est. & Trusts § 15-1A-15 (Disclosure to personal representative — content vs. catalog)
• Md. Code, Est. & Trusts § 15-1A-16 (Disclosure to guardian)

Last reviewed: October 31, 2025

Maryland-specific disclaimer: This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Maryland law and applicable federal privacy laws can change and may affect your rights; outcomes depend on your facts. Consult a Maryland attorney about your situation.